Notice of a Project Waiver of Section 1605: (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Inland Empire Utilities Agency, 10258-10259 [2010-4053]
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Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices
evaluating the temporality of toxic
effects as it conducts this reevaluation
of atrazine and at the April SAP will
also discuss proposed statistical
approaches to determine the appropriate
monitoring frequency for different
durations of interest.
The Agency will consider the advice
and recommendations received from the
SAP at the April 2010 meeting as it
develops the WOE analysis integrating
experimental toxicology and
epidemiology studies with statistical
analysis for determining the frequency
of water monitoring scheduled for
review by the SAP in September.
C. FIFRA SAP Documents and Meeting
Minutes
EPA’s background paper, related
supporting materials, charge/questions
to FIFRA SAP, FIFRA SAP composition
(i.e., members and ad hoc members for
this meeting), and the meeting agenda
will be available by mid-March. In
addition, the Agency may provide
additional background documents as the
materials become available. You may
obtain electronic copies of these
documents, and certain other related
documents that might be available
electronically, at https://
www.regulations.gov and the FIFRA
SAP homepage at https://www.epa.gov/
scipoly/sap.
FIFRA SAP will prepare meeting
minutes summarizing its
recommendations to the Agency
approximately 90–days after the
meeting. The meeting minutes will be
posted on the FIFRA SAP website or
may be obtained from the OPP
Regulatory Public Docket at https://
www.regulations.gov.
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: February 17, 2010.
Frank Sanders,
Director, Office of Science Coordination and
Policy.
[FR Doc. 2010–4540 Filed 3–4–10; 8:45 a.m.]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
erowe on DSK5CLS3C1PROD with NOTICES
[FRL–9118–9]
Notice of a Project Waiver of Section
1605: (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the Inland Empire Utilities Agency
AGENCY: Environmental Protection
Agency (EPA).
VerDate Nov<24>2008
14:45 Mar 04, 2010
Jkt 220001
ACTION:
Notice.
SUMMARY: The EPA is hereby granting a
project waiver of the Buy American
requirements of ARRA Section 1605(a)
under the authority of Section
1605(b)(2) (manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality)
to the Inland Empire Utilities Agency
(IEUA), a Clean Water State Revolving
Fund/ARRA loan recipient, for the
purchase of Air Release Vacuum (ARV)
Valves manufactured by A.R.I. in Israel,
for Project# C–06–5176–110 and C–06–
5176–130 funded by the California
CWSRF ARRA Loan# 08–835–550–1
and 08–850–550–1. The IEUA indicates
that the design for the pipeline project
at issue includes A.R.I. valves, which
are the standard air relief structures
used within the regional pipeline
system, and that currently there is not
a comparable domestic equivalent that
meets the IEUA specifications. This is a
project-specific waiver and only applies
to the use of the specified product for
the ARRA funded project being
proposed. Any other ARRA project that
may wish to use the same product must
apply for a separate waiver based on
project-specific circumstances. The
Assistant Administrator of the Office of
Administration and Resources
Management has concurred with this
decision to make an exception under
section 1605(b)(2) of ARRA.
DATES: Effective Date: February 10,
2010.
FOR FURTHER INFORMATION CONTACT:
Abimbola Odusoga, Environmental
Engineer, Water Division, Infrastructure
Office (WTR–4), (415) 972–3437, U.S.
EPA Region 9, 75 Hawthorne, San
Francisco, CA 94105 or Joshua Amaris,
Life Scientist, Water Division,
Infrastructure Office (WTR–4), (415)
972–3597, U.S. EPA Region 9, 75
Hawthorne, San Francisco, CA 94105.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Sections 1605(c)
and 1605(b)(2), EPA hereby provides
notice it is granting a project waiver of
the requirements of Section 1605(a) of
Public Law 111–5, Buy American
requirements, to the IEUA for the
acquisition of the ARV valves
manufactured in Israel by A.R.I. The
head of each federal agency is
authorized to issue project waivers
pursuant to Section 1605(b) of ARRA.
Section 1605(a) of the ARRA requires
that none of the funds appropriated or
otherwise made available by the ARRA
may be used for the construction,
alteration, maintenance, or repair of a
public building or public work unless
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
all of the iron, steel, and manufactured
goods used in the project are produced
in the United States. Pursuant to Section
1605(b), a waiver from this requirement
may be provided if EPA determines: (1)
Applying these requirements would be
inconsistent with the public interest; (2)
iron, steel, and the relevant
manufactured goods are not produced in
the United States in sufficient and
reasonably available quantities and of a
satisfactory quality; or (3) inclusion of
iron, steel, and the relevant
manufactured goods produced in the
United States will increase the cost of
the overall project by more than 25
percent.
A Delegation of Authority
Memorandum was issued by the EPA
Administrator on March 31, 2009 which
provided EPA Regional Administrators
with the authority to issue waivers to
Section 1605(a) of ARRA within the
geographic boundaries of their
respective regions and with respect to
requests by individual recipients of
ARRA financial assistance.
The IEUA operates to provide
drinking water and waste water
treatment services to municipalities in
the Chino Basin. The IEUA is installing
the ARV valves as the air relief
structures for the 1630 E. Recycled
Water Pipeline and the 1299 E. Recycled
Water Pipeline (project #5176–110),
which consists of approximately 13,000
linear feet of 36-inch diameter pipeline.
The project specifications provided by
the applicant state that acceptable
products are A.R.I. Flow Control
Accessories, Ltd. (Model D–060) or an
approved equal. The functional
justification for these specifications
advanced by the IEUA was that the
IEUA had, in years prior to the
enactment of ARRA, made the ARI
valves their standard air relief structures
used within the regional pipeline
system based on the IEUA’s
determination that these valves had a
superior design, functionality, and ease
of maintenance. Specifically:
• ARI combination valves (D–060’s)
have the air release on the top of the
valve, whereas alternative valves have
the air release on the side. A side release
creates an internal air pocket on the
valve, which allows the rubber seal for
the vacuum component to dry out and
leak over time.
• The 316SS float for the ARI vacuum
component stops against a 316SS ring.
The alternative valves have a float that
stops against a flat rubber seal on the
top of the valve, and constant pounding
during closure tends to crack the seal
and cause leaks.
• The ARI valves are half the weight
and size of the alternative valves, which
E:\FR\FM\05MRN1.SGM
05MRN1
erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices
makes installation and maintenance
easier. Also, as the valves are smaller,
the enclosures for the valves are less
expensive.
The consequences of finding the
IEUA’s specifications not justified
would include the following:
• Additional design costs would be
incurred to change all ARV valves,
including re-calculating the size of the
valves based on the competitor’s design
criteria, modifying valve and enclosure
details, and modifying the pipeline
profiles to accommodate larger valves.
Alternative ARV valves that must be
buried would require lowering the
pipeline depth several feet on each side
of the valves to accommodate a deeper
valve vault.
• Construction costs would be higher
due to the increase in valve sizes, larger
enclosures, and a deeper pipeline. The
pricing through the change order
process would be significantly higher
than prices for a competitive bid. The
cost for the material and installation of
the valves is approximately $198,708. If
the ARI valves are replaced with
alternative valves, the estimated cost for
the material and installation would be
approximately $100,000 more.
• IEUA staff would have to be trained
on the different types of valves installed
and additional spare parts would need
to be ordered and stocked. Since the
IEUA has moved forward with
implementing the ARI valves as the
standard air relief structure, all valves
that do not meet this standard would
need to be replaced.
Use of alternative valves that do not
meet the IEUA’s specifications would
thus require a substantial redesign of,
delay in, and higher costs for the
project. Because of the IEUA’s current,
extensive installations of ARI valves, the
use of alternative, incompatible valves
would impose continuing high costs
into the future to change spare parts and
staff training in operations and
maintenance, as well as in inferior
performance of the alternative valves.
Procurement of alternative valves would
be inconsistent with basic principles of
sustainable infrastructure and effective
asset management that EPA has
consistently promoted. For all these
reasons, EPA finds that the IEUA’s
specifications for these ARV valves were
justified.
EPA also evaluated the project
specifications to assess the IEUA’s claim
there are no known American
manufacturers who can provide ARV
valves of satisfactory quality to meet its
technical specifications. Five domestic
manufacturers of ARV valves were
identified by the applicant. EPA’s
national contractor contacted the
VerDate Nov<24>2008
14:45 Mar 04, 2010
Jkt 220001
domestic manufacturers and inquired as
to whether their products could meet
the IEUA’s specifications. Four of the
five manufacturers responded. All four
manufacturers indicated that they could
provide similar products, but could not
meet all of the IEUA’s specifications,
particularly with regard to
manufacturing materials and product
design.
Based on these findings, EPA
concludes the IEUA’s claim that there
are no known American manufacturers
of ARV valves meeting the IEUA’s
specifications is supported by the
available information.
The April 28, 2009 EPA
Memorandum for implementation of the
ARRA Buy American provisions of P.L.
111–5, states the quantity of iron, steel,
or relevant manufactured good is
‘‘reasonably available’’ if it is available at
the time and place needed, and in the
proper form or specification as specified
in the project plans and design. The
IEUA’s waiver request articulates a
reasonable and appropriate basis for
choosing the type of technology it chose
for this project in environmental
objectives and performance
specifications. Further, it provides
sufficient documentation to conclude
the relevant manufactured goods are not
produced in the United States of a
satisfactory quality to meet its technical
specifications. The IEUA has
incorporated specific technical design
specifications for the proposed project
based on their needs and provided
information to the EPA indicating there
are currently no ARV valves
manufactured in the United States that
have equivalent product specifications.
The IEUA has also provided
certification indicating there are no
systems of comparable quality available
from a domestic manufacturer to meet
its specifications. Based on additional
inquiry by EPA’s national contractor,
there do not appear to be other ARV
valves available to meet the IEUA’s
specifications.
Furthermore, the purpose of the
ARRA is to stimulate economic recovery
by funding current infrastructure
construction, not to delay shovel ready
projects by requiring entities, like the
IEUA, to revise their design and
potentially choose a more costly and
less efficient project. The imposition of
ARRA Buy American requirements on
such projects eligible for CWSRF
assistance would result in unreasonable
delay and thus displace the ‘‘shovel
ready’’ status for this project. Further
delay of this project would contravene
the most fundamental economic
purposes of the ARRA: To create or
preserve jobs in the United States.
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
10259
The EPA Region 9 Water Division,
Office of Regional Counsel, EPA’s Buy
American consultant, and EPA’s Office
of Administration and Resource
Management have reviewed this waiver
request and have determined the
supporting documentation provided by
the IEUA is sufficient to meet the
criteria listed under ARRA Section
1605(b)(2) and the EPA April 28, 2009,
memorandum for implementation of
ARRA Buy American provisions of P.L.
111–5.
Having established both a proper
basis to specify the particular good
required for this project, and that this
manufactured good was not available
from a producer in the United States,
the IEUA is hereby granted a waiver
from the Buy American requirements of
Sections 1605(a) of Public Law 111–5,
for the purchase of the A.R.I. valves,
specified in the IEUA’s request of
January 21, 2010. This supplementary
information constitutes the detailed
written justification required by Section
1605(c) for waivers based on a finding
under Section 1605(b)(2).
Authority: Public Law 111–5, Section
1605.
Dated: February 10, 2010.
Jared Blumenfeld,
Regional Administrator, EPA Pacific
Southwest Region.
[FR Doc. 2010–4053 Filed 3–4–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2010–0097; FRL–8811–8]
Pesticide Products; Registration
Applications
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: EPA has received applications
to register new uses for pesticide
products containing previously
registered active ingredients. Pursuant
to the provisions of section 3(c)(4) of the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is hereby
providing notice of receipt and
opportunity to comment on these
applications.
DATES: Comments must be received on
or before April 5, 2010.
ADDRESSES: Submit your comments,
identified by the docket identification
(ID) number specified in Unit II. of the
SUPPLEMENTARY INFORMATION, by one of
the following methods:
E:\FR\FM\05MRN1.SGM
05MRN1
]]>Agencies
[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Notices]
[Pages 10258-10259]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4053]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9118-9]
Notice of a Project Waiver of Section 1605: (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the Inland Empire Utilities Agency
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The EPA is hereby granting a project waiver of the Buy
American requirements of ARRA Section 1605(a) under the authority of
Section 1605(b)(2) (manufactured goods are not produced in the United
States in sufficient and reasonably available quantities and of a
satisfactory quality) to the Inland Empire Utilities Agency (IEUA), a
Clean Water State Revolving Fund/ARRA loan recipient, for the purchase
of Air Release Vacuum (ARV) Valves manufactured by A.R.I. in Israel,
for Project C-06-5176-110 and C-06-5176-130 funded by the
California CWSRF ARRA Loan 08-835-550-1 and 08-850-550-1. The
IEUA indicates that the design for the pipeline project at issue
includes A.R.I. valves, which are the standard air relief structures
used within the regional pipeline system, and that currently there is
not a comparable domestic equivalent that meets the IEUA
specifications. This is a project-specific waiver and only applies to
the use of the specified product for the ARRA funded project being
proposed. Any other ARRA project that may wish to use the same product
must apply for a separate waiver based on project-specific
circumstances. The Assistant Administrator of the Office of
Administration and Resources Management has concurred with this
decision to make an exception under section 1605(b)(2) of ARRA.
DATES: Effective Date: February 10, 2010.
FOR FURTHER INFORMATION CONTACT: Abimbola Odusoga, Environmental
Engineer, Water Division, Infrastructure Office (WTR-4), (415) 972-
3437, U.S. EPA Region 9, 75 Hawthorne, San Francisco, CA 94105 or
Joshua Amaris, Life Scientist, Water Division, Infrastructure Office
(WTR-4), (415) 972-3597, U.S. EPA Region 9, 75 Hawthorne, San
Francisco, CA 94105.
SUPPLEMENTARY INFORMATION: In accordance with ARRA Sections 1605(c) and
1605(b)(2), EPA hereby provides notice it is granting a project waiver
of the requirements of Section 1605(a) of Public Law 111-5, Buy
American requirements, to the IEUA for the acquisition of the ARV
valves manufactured in Israel by A.R.I. The head of each federal agency
is authorized to issue project waivers pursuant to Section 1605(b) of
ARRA. Section 1605(a) of the ARRA requires that none of the funds
appropriated or otherwise made available by the ARRA may be used for
the construction, alteration, maintenance, or repair of a public
building or public work unless all of the iron, steel, and manufactured
goods used in the project are produced in the United States. Pursuant
to Section 1605(b), a waiver from this requirement may be provided if
EPA determines: (1) Applying these requirements would be inconsistent
with the public interest; (2) iron, steel, and the relevant
manufactured goods are not produced in the United States in sufficient
and reasonably available quantities and of a satisfactory quality; or
(3) inclusion of iron, steel, and the relevant manufactured goods
produced in the United States will increase the cost of the overall
project by more than 25 percent.
A Delegation of Authority Memorandum was issued by the EPA
Administrator on March 31, 2009 which provided EPA Regional
Administrators with the authority to issue waivers to Section 1605(a)
of ARRA within the geographic boundaries of their respective regions
and with respect to requests by individual recipients of ARRA financial
assistance.
The IEUA operates to provide drinking water and waste water
treatment services to municipalities in the Chino Basin. The IEUA is
installing the ARV valves as the air relief structures for the 1630 E.
Recycled Water Pipeline and the 1299 E. Recycled Water Pipeline
(project 5176-110), which consists of approximately 13,000
linear feet of 36-inch diameter pipeline. The project specifications
provided by the applicant state that acceptable products are A.R.I.
Flow Control Accessories, Ltd. (Model D-060) or an approved equal. The
functional justification for these specifications advanced by the IEUA
was that the IEUA had, in years prior to the enactment of ARRA, made
the ARI valves their standard air relief structures used within the
regional pipeline system based on the IEUA's determination that these
valves had a superior design, functionality, and ease of maintenance.
Specifically:
ARI combination valves (D-060's) have the air release on
the top of the valve, whereas alternative valves have the air release
on the side. A side release creates an internal air pocket on the
valve, which allows the rubber seal for the vacuum component to dry out
and leak over time.
The 316SS float for the ARI vacuum component stops against
a 316SS ring. The alternative valves have a float that stops against a
flat rubber seal on the top of the valve, and constant pounding during
closure tends to crack the seal and cause leaks.
The ARI valves are half the weight and size of the
alternative valves, which
[[Page 10259]]
makes installation and maintenance easier. Also, as the valves are
smaller, the enclosures for the valves are less expensive.
The consequences of finding the IEUA's specifications not justified
would include the following:
Additional design costs would be incurred to change all
ARV valves, including re-calculating the size of the valves based on
the competitor's design criteria, modifying valve and enclosure
details, and modifying the pipeline profiles to accommodate larger
valves. Alternative ARV valves that must be buried would require
lowering the pipeline depth several feet on each side of the valves to
accommodate a deeper valve vault.
Construction costs would be higher due to the increase in
valve sizes, larger enclosures, and a deeper pipeline. The pricing
through the change order process would be significantly higher than
prices for a competitive bid. The cost for the material and
installation of the valves is approximately $198,708. If the ARI valves
are replaced with alternative valves, the estimated cost for the
material and installation would be approximately $100,000 more.
IEUA staff would have to be trained on the different types
of valves installed and additional spare parts would need to be ordered
and stocked. Since the IEUA has moved forward with implementing the ARI
valves as the standard air relief structure, all valves that do not
meet this standard would need to be replaced.
Use of alternative valves that do not meet the IEUA's
specifications would thus require a substantial redesign of, delay in,
and higher costs for the project. Because of the IEUA's current,
extensive installations of ARI valves, the use of alternative,
incompatible valves would impose continuing high costs into the future
to change spare parts and staff training in operations and maintenance,
as well as in inferior performance of the alternative valves.
Procurement of alternative valves would be inconsistent with basic
principles of sustainable infrastructure and effective asset management
that EPA has consistently promoted. For all these reasons, EPA finds
that the IEUA's specifications for these ARV valves were justified.
EPA also evaluated the project specifications to assess the IEUA's
claim there are no known American manufacturers who can provide ARV
valves of satisfactory quality to meet its technical specifications.
Five domestic manufacturers of ARV valves were identified by the
applicant. EPA's national contractor contacted the domestic
manufacturers and inquired as to whether their products could meet the
IEUA's specifications. Four of the five manufacturers responded. All
four manufacturers indicated that they could provide similar products,
but could not meet all of the IEUA's specifications, particularly with
regard to manufacturing materials and product design.
Based on these findings, EPA concludes the IEUA's claim that there
are no known American manufacturers of ARV valves meeting the IEUA's
specifications is supported by the available information.
The April 28, 2009 EPA Memorandum for implementation of the ARRA
Buy American provisions of P.L. 111-5, states the quantity of iron,
steel, or relevant manufactured good is ``reasonably available'' if it
is available at the time and place needed, and in the proper form or
specification as specified in the project plans and design. The IEUA's
waiver request articulates a reasonable and appropriate basis for
choosing the type of technology it chose for this project in
environmental objectives and performance specifications. Further, it
provides sufficient documentation to conclude the relevant manufactured
goods are not produced in the United States of a satisfactory quality
to meet its technical specifications. The IEUA has incorporated
specific technical design specifications for the proposed project based
on their needs and provided information to the EPA indicating there are
currently no ARV valves manufactured in the United States that have
equivalent product specifications. The IEUA has also provided
certification indicating there are no systems of comparable quality
available from a domestic manufacturer to meet its specifications.
Based on additional inquiry by EPA's national contractor, there do not
appear to be other ARV valves available to meet the IEUA's
specifications.
Furthermore, the purpose of the ARRA is to stimulate economic
recovery by funding current infrastructure construction, not to delay
shovel ready projects by requiring entities, like the IEUA, to revise
their design and potentially choose a more costly and less efficient
project. The imposition of ARRA Buy American requirements on such
projects eligible for CWSRF assistance would result in unreasonable
delay and thus displace the ``shovel ready'' status for this project.
Further delay of this project would contravene the most fundamental
economic purposes of the ARRA: To create or preserve jobs in the United
States.
The EPA Region 9 Water Division, Office of Regional Counsel, EPA's
Buy American consultant, and EPA's Office of Administration and
Resource Management have reviewed this waiver request and have
determined the supporting documentation provided by the IEUA is
sufficient to meet the criteria listed under ARRA Section 1605(b)(2)
and the EPA April 28, 2009, memorandum for implementation of ARRA Buy
American provisions of P.L. 111-5.
Having established both a proper basis to specify the particular
good required for this project, and that this manufactured good was not
available from a producer in the United States, the IEUA is hereby
granted a waiver from the Buy American requirements of Sections 1605(a)
of Public Law 111-5, for the purchase of the A.R.I. valves, specified
in the IEUA's request of January 21, 2010. This supplementary
information constitutes the detailed written justification required by
Section 1605(c) for waivers based on a finding under Section
1605(b)(2).
Authority: Public Law 111-5, Section 1605.
Dated: February 10, 2010.
Jared Blumenfeld,
Regional Administrator, EPA Pacific Southwest Region.
[FR Doc. 2010-4053 Filed 3-4-10; 8:45 am]
BILLING CODE 6560-50-P
